Comments on: Indiana sex offenders who plead not guilty cannot be forced to take sex offender treatment

By: Eugene V. Debs

Eugene V. Debs — Thu, 20 Jul 2023 18:16:14 +0000

In reply to TP.

This match’s up pretty closely https://casetext.com/case/united-states-v-gutierrez-263

By: TP

TP — Thu, 20 Jul 2023 16:02:25 +0000

Does anyone have the name of the southern district case in indiana that they’re talking about?

By: scott

scott — Wed, 18 Oct 2017 19:23:02 +0000

The Florida Supreme Court dealt with something similar to this earlier this year in the Staples case. Basically he pled no contest and was given probation. As part of that probation he too had to attend a group therapy class and “admit his crime.” He did not, was subsequently kicked out and then violated probation shortly after. He was resentenced to prison time where he appealed the violation. The courts decision went in favor of the state (naturally), however, there was a very interesting dissenting opinion written that basically said that anyone who pleads no contest is not forced to admit committing that crime while being sentenced. So forcing them to admit to wrongdoing at risk of getting kicked out of the class for failing to do so is utter crap. I hope Mr. Staples filed a Habeas in the Federal 11th circuit under a 5th Amendment violation.

By: Cassandra

Cassandra — Tue, 17 Oct 2017 19:16:41 +0000

What about an alford no contest plea. We couldn’t afford a lawyer (sorry but our public defender was totally ineffective) so took the plea bargain. What barring might this have on “treatment”. I am looking for feed back. Thanks

By: Edward R

Edward R — Tue, 17 Oct 2017 16:02:35 +0000

I was accused of first degree, by the accuser and charged one count, one offence period. I went to trial because this didn’t happen, I plead not guilty. I was found not guilty of the accused offence, but was found Guilty of a lesser included offence of second degree…an offence that I wasn’t accused of nor charged with. But because my court appointed attorney requested it to be included in the jury instructions, and because I testified to being touched by the accused, I was found guilty. I had to enter sex offender group in prison. Where I refuse to admit to the charged offence, because the pre-sentence report said I was arrested for first degree, I was required to admit guilt to that charge or be kicked out of sog. I refused, and was kicked out. We are lead to believe that if you don’t succeed in ” State Group” that you will NOT receive a Parole. I had to file in the Court’s to have my PSI corrected, because I was removed from State Group because of a charge that I was accused of and not the charge I was found guilty of. I won, and was put back on the ” waiting list” where I was able to re-enter State Sex offender group. If I didn’t fix my PSI, I was made to believe I will do my Max.

By: John C

John C — Tue, 17 Oct 2017 14:11:43 +0000

I was in the exact same situation in Indiana. IDOC staff held my Good Time over my head as if I could be held the entire duration of my sentence. I was forced to take the INSOMM program, as they named it. What could I possibly do about it now?

By: J

Tue, 17 Oct 2017 13:52:26 +0000

Nevermind, read FACs comment.

By: J

Tue, 17 Oct 2017 13:51:37 +0000

Meant say not day.

By: J

Tue, 17 Oct 2017 13:50:51 +0000

Shouldn’t the first sentence day not guilty rather than guilty?

By: Florida Action Committee

Florida Action Committee — Tue, 17 Oct 2017 13:49:19 +0000

In reply to C. The plaintiffs, all convicted of sex crimes, argued that since they pleaded not guilty to the crimes they were convicted of, they should not be forced to attend the SOMM program.